ONEIDA COUNTY, N.Y. (WUTR/WFXV/WPNY) — In Governor Kathy Hochul‘s gun package she strengthened New York States ‘Red Flag Laws’.
“The Red Flag Law is actually known as the extreme risk protection order statute which provides for an individual certain people can file to request an order to prevent someone from purchasing firearms or possessing firearms they already own,” said Robert Pronteau, Assistant Oneida County Attorney.
Individuals that can file for this order are a relative or legal guardian, a school administrator, a health care worker, or law enforcement. Governor Hochul has signed legislation that includes a revision to the state’s Red Flag Laws. Going forward the order would require, not just recommend, that law enforcement seek an extreme risk protection order.
“As of now, when we go on that call where someone is threatening to use a firearm or maybe threatening to use one that they don’t even have that’s immediately going to fit the criteria. So now, the law takes effect will be mandated to file for that application,” said Robert Maciol, Oneida County Sheriff.
If law enforcement is the one who files that is when the county will get involved.
“They file the application, they request the temporary order, It’s just them filing the application with the court the supreme court justice will get assigned the judge will review the paperwork and then make a determination as to whether or not to issue the order,” said Pronteau.
The Sheriff says that here in Oneida county there have been a dozen or less of these orders…but they have been effective.
“It has been those extreme conditions where we truly felt that someone’s life was going to be in danger if this person was allowed to purchase more weapons or to be in possession of a weapon so like I said although we have done a lot of them here but the ones we have done I’m confident they probably prevented something more serious from happening,” said Maciol.